People v. Lerma

Defendant, Lawrence Lerma, was convicted by a jury of taking possession and driving away a motor vehicle, contrary to MCLA 750.413; MSA 28.645. Defendant now appeals that conviction as a matter of right.

During trial, the defendant attempted to establish a defense based upon intoxication. However, the trial court, in its charge to the jury, precluded intoxication as a permissible defense, stating:

"There has been some testimony that the defendant and his companion had wine to drink. Ladies and gentlemen, it is well settled law in this state that except in a crime involving specific intent that…